Court of Cassation: Federal Court authority does not include non-contentious jurisdiction
The Vice President of the Federal Court of Cassation, Judge Hassan Fouad, confirmed on Monday that the Non-contentious jurisdiction does not fall within the jurisdiction of the Federal Supreme Court, but remains in session for the ordinary judiciary in accordance with its general jurisdiction and the legal provisions contained in the Civil Procedure Law.
Fouad said in an article, received by the Iraqi News Agency (INA): "Article 94 of the Constitution of the Republic of Iraq stipulates that the decisions of the Federal Supreme Court are final and binding on all authorities, and since the procedures for issuing the order on a petition (Non-contentious jurisdiction) in accordance with Articles 151, 152 and 153 of the Civil Procedure Law No. 83 of 1969, as amended, are temporary and precautionary measures aimed at creating a balance between the parties to the lawsuit and to include an element of urgency without prejudice to the origin of the right."
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